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Infrastructure Sharing
Issued by the
Part I: Introduction
1. Background
(2) These Guidelines proceed from a premise that all operators have the
liberty to negotiate C/IS arrangements in accordance with mutually agreed terms.
(d) Ensure that the economic advantages derivable from the sharing of
facilities are harnessed for the overall benefit of all
telecommunications stakeholders;
(1) Infrastructures amenable to sharing are those that can be shared without
an attendant risk of lessening of competition.
(2) The Commission shall encourage and promote the sharing of the following
infrastructures:
(1) The Commission will not encourage and promote sharing of the following
infrastructures:
(a) Complete network structures.
(b) Switching centers.
(c) Frequencies.
(d) Radio network controllers.
(e) Base stations.
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(2) Specifically and for the avoidance of doubt, national roaming shall not
form part of issues which may be negotiated and agreed upon by
telecommunications operators under infrastructure sharing arrangements.
(3) The Commission may from time to time add to the list of infrastructure in
respect of which sharing is discouraged.
(4) The Commission shall at all times reserve the right to examine incidence
of infrastructure sharing to ensure consistency with the relevant License(s) and
reduce the risk of a lessening of competition.
(1) Any operator who owns or has control of a facility amenable to sharing
may enter into negotiations with another operator who submits a request to share
in the use of that facility.
(2) All negotiations for infrastructure sharing must be done with the utmost
good faith. The owner of a facility must not;
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(5) A party on whom notice is served may file a petition against the removal or
modification of a facility within 15 days of receiving such notice, and the notifying
party may file a reply thereto within 7 days.
(2) Every operator shall reserve the right to refuse an application for
infrastructure sharing on grounds of;
(4) Every infrastructure sharing agreement shall be in writing and shall specify
the contractual terms and conditions agreed on by the parties. All such
agreements shall be registered with the Commission.
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(2) A dominant operator as may be determined by the Commission should
include in its Reference Interconnection Offer (RIO) an offer for the facilities
available for collocation, including a price list for the different components of
collocation.
(4) Where a request is made for physical collocation but such collocation is
not deemed feasible, virtual collocation should be offered by the interconnection
providing operator.
(6) A request for remote collocation shall not be rejected on any grounds.
(1) The Commission recognizes the right of operators to negotiate and agree
on terms and conditions of collocation and Infrastructure sharing (C/IS). The
Commission however requires that such negotiation must be within the limits of
an existing reference offer developed by each potential access provider.
(2) Every access provider shall ensure that its reference offer is readily
available to other operators with a view to promoting fairness in the negotiation
process.
(3) Access providers should in the process of developing the reference offer
be responsive and work in close association with other operators, that is,
prospective access seekers.
(4) Parties involved in any negotiation for C/IS arrangement are at liberty to
negotiate outside the reference offer provided howsoever that such negotiations
are voluntary and non-discriminatory.
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(5) The reference offer should contain sufficient information on issues
relevant to the access seeker for negotiation purposes as itemized in the First
Schedule to these Guidelines.
(6) Parties may request for other information which may be required in the
process of negotiating for C/IS . Such information should be treated as
confidential by the requesting party at all times.
(7) The quality and nature of any information requested for will depend on
what stage the negotiation process has reached. Response on any such request
should be prompt to avoid delay.
(8) A party may request for a site inspection if it is deemed necessary for the
purpose of aiding that party to reach an informed decision.
(9) Every access provider should develop a standard price list which shall
provide guidance for determining the price for all C/IS arrangements with other
operators.
(2) Where there is no available capacity at the existing facilities to meet the
needs of additional access seekers, the access provider should consider re-
development as a means of increasing capacity at existing facilities.
(3) The Commission will consider that capacity is available where the specific
resource is not occupied nor reserved by the access provider.
(4) In every situation where access is granted, the access provider should
have the reserved right in the event of scarcity to demand that any allocated
capacity be relinquished if such capacity has not been utilized within three (3)
months of delivery of access. This right should be reserved with the intent to
avoid the pre-emption of future capacity needs on the part of access seekers
which would stifle the present needs of other access seekers.
(5) At the expiration of the period for which access was granted to a party, an
application for a further extension of the period will be in accordance with the
procedure used for the initial application. The application will be considered on
the merit by the access provider.
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(6) In every case, applications for access should be considered and granted
by an access provider on a “first come – first served” basis.
(1) An access provider reserves the right to refuse an application for access
in any of the following circumstance
(a) Where the access provider does not have available capacity (i.e.
either that all capacity is occupied or reserved
(b) Where the grant of access in technically unfeasible
(c) Where the request, if granted, will breach safety and reliability
standards
In all cases, the access provider should provide the access seeker with reason
for refusal in writing.
(2) An operator who is refused access may refer such refusal to the
Commission and the Commission shall be at liberty to inquire into the decision
refusing access.
(1) The right of an access provider to reserve capacity for which it has made
long term investments will at all times be recognized but balanced against the
need not to hamper the network roll-out or expansion plans of new market
entrants or other operators.
(2) Where available capacity is limited, the right to reserve capacity should
not be exercised by the access provider in order to avoid discrimination and pre-
emption.
(a) The reserve period shall not exceed two (2) years after which the
right will cease from being operational.
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(4) Information and documentary evidence of the reservation and extent
thereof should be held by the access provider and made available to access
seekers on reasonable demand.
13. Re-Development/Re-Location
(4) Parties to a C/IS arrangement should not undertake modifications with the
sole aim of demanding the cost of such modification from access seekers.
14. Separation
(1) The Commission expects that parties involved in all C/IS arrangements,
will make efficient use of scarce space.
(2) Parties negotiating for collocation will be at liberty to request for separation
of equipment to increase internal and external security, reduce interference
problems and limit damage to each others’ equipment.
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15. Standardization
(a) Maintenance
(b) Fault clearance
(c) Access at the facility
(d) Emergency
(e) Cleaning
(f) Safety
(g) Security
(3) Parties are also to ensure that standardized equipment and unified
techniques/technical interfaces are used for the C/IS .
(4) The liberty to use assigned space for its own purpose notwithstanding,
parties should not install incompatible equipment which may cause interference
to other parties’ equipment or impede usage of space allocated to them.
(1) The Commission has the power to intervene to resolve dispute at the
request of either party and to impose facility sharing or collocation arrangements
between operators after consultation with the parties.
(2) The power of the Commission to intervene in disputes shall include the
right to request for and receive all such necessary information as may be
required to reach a decision.
(3) The decision of the Commission which shall be final will be notified to the
parties and published.
(4) In resolving disputes, the Commission will rely on its Dispute Resolution
Guidelines.
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(2) The Commission will use its mandate under Section 4 (1) of the Act to
further the opportunities for collocation and infrastructure sharing, provided there
is no risk of the lessening of competition. In particula r, the Commission will take
action to
(b) Advise local and regional authorities on the adoption of schemes which
would encourage the sharing of infrastructure.
18. Definitions
In these Guidelines -
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o Operator - Means an undertaking holding a license granted under
the Act to operate a communications system or facility and to
provide communications services;
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SCHEDULE
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(iii) Pricing of special requirements
(iv) Sharing of common facilities
(v) Penalties
(e) Technical
(i) Spurious emissions
(ii) Harmonics
(iii) Electromagnetic compatibility
(iv) Interference
(v) Heat Dissipation and thermal considerations
(vi) Wind loading
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